1809

Attorney-General v. Turpin

Supreme Court of Virginia

13 Va. 548

Pursuant to a legislative act to move the Capitol of the Commonwealth from Williamsburg to Richmond, the Directors of Public Buildings in 1783 marked off thirty acres of landowner’s property on Shockoe Hill for public use. Jury awarded $5,000 in compensation, which at that time was unable to be paid. In anticipation of public buildings being erected on the land, landowner donated two acres of that thirty to the Commonwealth. Another act was passed in 1787 authorizing the Directors to convey the lands back, and in 1788, all but the two acres were conveyed back. The landowner filed a bill to get the two acres back, as no public buildings had been placed on them. The trial chancellor, George Wythe, ruled that landowner was entitled to get the property back. Supreme Court reversed and reformed the decision. Title of the property had vested in the Commonwealth, and landowner had no more right to the property than anyone else. However, as the land was taken, landowner was entitled to have compensation determined by a jury.

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